Chapter

The Emergence of EU Contract Law

Lucinda Miller

in The Emergence of EU Contract Law

Published in print September 2011 | ISBN: 9780199606627
Published online January 2012 | e-ISBN: 9780191731716 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606627.003.0002

Series: Oxford Studies in European Law

The Emergence of EU Contract Law

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This chapter explores the early stages of the EU’s involvement in contract law and is most particularly concerned with examining the sector-specific programme of consumer contract law directives. In this respect, the internal market foundations of the positive harmonisation measures are especially highlighted. In addition, although perhaps not as visible as the legislative programme, the ECJ has made an imprint on this area of law (negative harmonisation) and the chapter analyses the judicial contribution to the development of a European contract law. The chapter also scrutinises the EU’s competence to act in consumer contract law and assesses the constitutional legitimacy of using the EU treaty’s internal market foundations for legislative measures. It reveals that the relationship between market-making and contract law might be more fragile than is normally assumed.

Keywords: positive harmonisation; negative harmonisation; consumer contract law; directive; competence; EU treaty; constitutional legitimacy; internal market

Chapter.  18172 words. 

Subjects: EU Law

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